The HC order came after the counsel of village volunteers submitted that the Special Judge, NIA, Manipur does not have any jurisdiction to entertain the application for allowing the transfer application from one state to another state.
TFM Report
The High Court of Manipur has overturned an order dated October 24, 2023 passed by Special Judge (NIA) Manipur transferring a case of Porompat police station, related to the arrest of five village volunteers, from the Special Court NIA Imphal to Special Court NIA Patiala House Court, New Delhi.
The order of the division bench comprising chief justice D Krishnakumar and justice A Guneshwar Sharma came followed an appeal case filed by Athokpam Kajit, alias Keshorjit and two others against the National Investigation Agency (NIA) New Delhi and others.
Hearing the case, the Court observed that the original case records of Porompat PS were transferred from the Special Judge, NA Court, Imphal East, Manipur to Special Judge, NIA, Patiala House Court, Delhi without issuing notice to the appellants.
Athokpam Kajit and four other village volunteers including Moirangthem Anand Singh, Konthoujam Romojit and Keisham Johnson were arrested from Kongba by a combined team of Imphal East CDO, Imphal West CDO and Special CDO unit Khabeisoi on September 16, 2023.
Moirangthem Anand Singh was re-arrested by the NIA while the four others were released on bail by the Special Court NIA Imphal East Court on September 22, 2024. Moirangthem Anand was taken to Delhi from Imphal on the same day.
During the hearing, appellants’ counsel M Johnny submitted that under section 406 of CRPC, the NIA investigation officer should approach the Supreme Court to transfer the case from one state to another state. And also, the NIA investigation officer has not been served application to appellants, nor the Special Judge, NIA, Manipur and as such the appellants came to knowledge of transferred filed by Deputy Special NIA and CIO, Imphal after passing order of case transferred.
The counsel also submitted that the Special Judge, NIA, Manipur does not have any jurisdiction to entertain the application for allowing the transfer application from one state to another state.
The Respondent counsel has not disputed the submission made by appellants counsel and fairly states in the light of provisions under section 13(2) NIA Act, 2008 the respondents have to seek their remedy before the SC by filling appropriate application.
After hearing submission, the HC set aside the order passed by Special Judge NIA, Manipur and give liberty to the NIA to seek their remedy before the SC under provision of NIA Act, 2008.